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Giving up?

Anne Summers's picture

I'm curious----Has anyone, whether you or your spouse, considering giving up the constant battle and signing away parental rights to the kid(s)?

My DH has talked about this a few times amidst our relationship about giving up his rights. BM is starting to truly limit our time with SD. We live about 10 miles (at the most) from the BM, but she still tries to keep DH out of SD's life (including but not limited to visitation).

Is this a normal response? And has anyone actually done this? If so---how did it work out (then & now)?

Comments

Anne 8102's picture

Officially, my ex-husband signed over his rights to our son when we divorced. I was pregnant when he left, so he never had a relationship with the child. There has never been a relationship there and there never will be. My current husband adopted my son when we got married and he is "Daddy." It worked out great on our end. I have no idea how it worked out for my ex. He remarried someone who had three boys, so I don't know. Apparently, she doesn't mind his porn addiction, alcoholic binges or inability to follow through on his commitments. Me, I'm just glad he's out of all of our lives.

Unofficially, my current husband has only visitation rights. BM kept sole legal and physical custody of their kids. Even so, she has never let him exercise is rights to regular EOW visitation, every other holiday visitation, the two weeks of every summer, etc. She has been pretty successful in cutting him out of their lives. So we moved away and now he has sporadic contact with them by phone. It sucks with a capital "S." I don't think he'll ever heal emotionally from the loss of his kids. I don't see how anyone could.

But keep in mind that you can't just sign away your rights. There's child support to consider. I gave up CS in exchange for my ex signing over his rights. Would your BM give up her CS?

~ Anne ~

"Adjust on the fly, or you're going to cry."
Steve Doocy, The Mr. and Mrs. Happy Handbook

Jez Rose's picture

Anne, I'm just curious - why do you frequent these boards? You have no contact with your ex, not even child support, and you admit that your husband has little or no contact with his kids so I'm understanding there are no steps in your house. How is your life impacted by having these remote skids? Doesn't seem like it would be much at all.
Just curious.

Anne Summers's picture

you still had to pay CS for a child you gave up your parental rights to. Would that not be like asking all the parents who have given their children up for adoption to pay support for them until they reach 18? Guess it just boggles my mind. Smile

We actually have no problem paying CS. It just ticks us both off when BM refuses to let DH have visitation that is outlined in a court order.

Beckym's picture

As a bm and something to consider and looking from the outside.....I wouldn't allow my children to visit someone that had anger issues. That is not acceptable when it comes to my children.

klinder180's picture

I have to admit when my ex wife and I were in the hottest part of the divorce she made it very hard for me to exercise visitation and have a relationship with my daughter and the thought ran through my mind. I made the decision to stay involved though. I did see other people make decisions that to them made sense at the time. Custodial Ex's can be very nasty and make life difficult for the NCP. Why would anyone in their right mind want to continue in a divorce fight well after the divorce is done? To fight over what clothes were sent and what ones were returned? To nit pick over minor bills -- to struggle and strain paying a child support and the normal every other day bills required?

I don't think less of the people who made the decision to walk away -- every persons own circumstances are unique. My ex and I are now on friendly terms. Why would we want to continue to fight and struggle with each other when we can enjoy our daughter and our own lives?

I think your response is totally reasonable and normal. A reasonable reaction to an unreasonable situation. Life sometimes sucks. 10 and 7 are rough ages to walk away from -- an infant maybe. Then there is less emotional damage to the child, but even then you have to look at the emotional damage it might do to the adults. Can your husband look himself in the mirror 10 or 20 years down the road if he walks away?

As Anne said, giving up visitation is one thing, and that doesn't mean there will be no child support. In Illinois a judge cannot waive child support because that is something for the children. Unless the kids have been adopted then the state looks at it as the fact that someone else is taking over financial responsibility.

I wish I had an easy answer to this question. I think its normal to be on an emotional roller coaster. Things eventually work out the way they are supposed too -- for better or worse.

Kevin

Anne Summers's picture

Just make a clarification...he would be giving up parental rights to his daughter (7) only. The 10 year old is actually my birth son and lives with me & my DH.

Like I said in my response to Anne---I never knew they could make someone pay CS when they gave up their rights to the child.

Thanks for your input. It's good to get feedback from another father. Smile

Anne Summers's picture

Actually DH has called the police. Only to hear them say that they cannot get involved because it is a Family Court issue and the only thing DH can do is go back to court for contempt. I understand their position on the issue but it is frustrating that BM can get away with this type of nonsense.

I am hoping that when we go back to court the judge will have a "Shame on you" attitude toward the BM. One can only hope.

klinder180's picture

Visitation and support are two different things. In Illinois if the custodial parent interferes with visitation they can be charged with a crime. If its joint custody then it can be contempt of court. Judges really get ticked to see kids put in the middle of fights between parents.

Kevin

Anne Summers's picture

Curious---what exactly is the other parent charged with? What is the crime called---for example breaking into someone's home is a B&E? Just wondering if we can track something like that down here and use it next time. Smile

Candice's picture

when he was in his early 20's. He had a daughter shortly after his 18th birthday. Within 6 months of her birth, he and his gf broke up, and from that day forward she completely alienated him from her life. He took her to court, and won his parental/visiation rights, but everytime he showed up to the meeting spot to exchange his daughter, either the mother just wouldn't show up or she wouldn't stop, created a car chase and just pretended like he wasn't there.

One day she offered to him to released his parental rights so that her new husband could adopt his daughter. He saw no other way. He split the cost with her, and signed over his parental rights to her adoptive father. 3 years ago, we saw the mother in a bar since she is now divorced from the adoptive father, and decided to try to talk trash to my dh. 15 years later, she still is resentful of dh doing exactly what she wanted: giving up his parental rights. She is a person that will never be happy.

I think every situation is different, and it's painful no matter who is involved. Your sd knows her father and did have a relationship and I think that is very heavy weight on not to do it. I would say if she were younger and had a step dad wanting to adopt her then go for it.

Have you guys tried mediation to get bm to realize dad is important?

Candice

Anne Summers's picture

Actually there is no other "father-figure" in my SD's life other than DH.

BM has not remarried nor has a steady boyfriend. Although according to SD, BM has a male friend come over after SD is in bed and SD is not allowed to get out of bed while he is there. You draw the conclusion.

I, nor my DH, are really hip to the idea of giving up his parental rights. However he has mentioned it a few times, especially when BM refuses visitation. DH figures if BM actually gets to the point where she completely refuses visitation then what is the point to maintain his parental rights.

Mediation---Yep, they went to mediation in Nov 2005 to come to a compromise. They did. BM was abiding by it until her attorney finally broke down, told her the truth that she would not be getting the $800+ in CS every month and instead would be getting less than what she gets now (which currently is about $424 per month). BM flipped and refused DH to have the visitation that was outlined in the mediation agreement. We went to court to get the mediation agreement into a legal binding court order but only to be told that NOTHING in mediation mattered! In SC, if one party (or both) disagree with mediation resolution he/she do not have to abide by it nor can anything from mediation be talked about in court?!?!?

It's irritating this whole silly mess.

Anon's picture

I would just say take her to court to enforce the visitation, especially if you are paying child support. The only way out of child support is for your dh legally signing off but many bms won't allow that because they want the child support. We got the child support lower, and we hardly ever saw the kid and when they get older a lot of times the kids don't want to visit even when there is a good relationship. They just want to be around their friends, school and bms family. If you don't have to pay that much support I probably wouldn't care and let bm deal with the child on her own. Sometimes peace and quiet sounds more appealing to me.